Please read these Terms of Service (the "Agreement") carefully before using the services offered by TrustFill AI, Inc. ("TrustFill AI," "we," "us," or "our"). By accessing or using our website, platform, or services, you ("Customer," "you," or "your") agree to be bound by this Agreement. If you do not agree to these terms, do not use our Services.
If you are accessing and using the Services on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to this Agreement. In that case, "you" and "Customer" will refer to that entity.
By creating an account, subscribing to a plan, or otherwise accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement and our Privacy Policy. This Agreement applies to all visitors, users, and others who access or use the Services.
We may update this Agreement from time to time. If we make material changes, we will notify you by email or by posting a notice on our website at least 30 days before the changes take effect. Your continued use of the Services after the effective date of any changes constitutes your acceptance of the updated Agreement.
TrustFill AI provides an AI-powered security questionnaire automation platform (the "Services") that enables organizations to:
We will provide the Services in accordance with commercially reasonable standards and in material compliance with any applicable service level agreement. We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with reasonable notice where practicable.
3.1 Account Creation. To access the Services, you must create an account by providing accurate and complete information. You are responsible for maintaining the accuracy of your account information and for all activities that occur under your account.
3.2 Authorized Users. You may designate employees, agents, or authorized contractors as authorized users of your account ("Authorized Users"). You are responsible for all use of the Services by your Authorized Users and for ensuring their compliance with this Agreement.
3.3 Account Security. You are responsible for safeguarding your account credentials and for any activities or actions under your account. You agree to notify us immediately of any unauthorized use of your account. Authorized Users are prohibited from sharing their account credentials with others.
3.4 Team Workspaces. Team administrators may invite additional users, manage permissions, and configure workspace settings. The team administrator is responsible for managing access and ensuring appropriate use of the Services within their organization.
4.1 Subscription Plans. The Services are offered under different subscription plans with varying features and pricing. Your rights and obligations will be based on the plan you select. Plan details are available on our pricing page.
4.2 Fees. All fees are stated in U.S. Dollars, are non-refundable (except as expressly set forth in this Agreement), and are exclusive of applicable taxes. We reserve the right to change our pricing with at least 30 days' prior notice. Price changes will take effect at the start of your next billing cycle.
4.3 Payment. You authorize us to charge your designated payment method through our third-party payment processor (Stripe) for all applicable fees. Payment processing is subject to Stripe's terms and conditions. You represent that you have the legal right to use the payment method you provide.
4.4 Renewal. Subscriptions automatically renew at the end of each billing period (monthly or annually) unless you cancel before the renewal date. You may cancel your subscription at any time through your account settings or by contacting us.
4.5 Late Payment. If you fail to pay any fees when due, we may suspend or limit your access to the Services after providing reasonable notice and an opportunity to cure the payment failure.
5.1 Free Trials. We may offer free trial periods for certain subscription plans. During the trial period, you will have access to the features included in the applicable plan. At the end of the trial period, your subscription will automatically convert to a paid subscription unless you cancel before the trial expires.
5.2 Beta Services. From time to time, we may make beta or pre-release features available ("Beta Services"). Beta Services are provided "as-is" without warranty and may be modified or discontinued at any time. Beta Services are not subject to any service level commitments.
Important: Any Customer Data provided during a free trial or beta period may be deleted at the end of the trial or beta period at our discretion, unless you convert to a paid subscription or export your data before the period ends.
6.1 Ownership. You retain all rights, title, and interest in and to your Customer Data. "Customer Data" means all data, content, documents, and information that you or your Authorized Users upload, submit, or otherwise provide to the Services, including security documents, questionnaires, and responses.
6.2 License Grant. You grant TrustFill AI a limited, non-exclusive, worldwide license to use, process, store, and display your Customer Data solely for the purpose of providing the Services to you in accordance with this Agreement.
6.3 Responsibility. You are solely responsible for the accuracy, quality, and legality of your Customer Data and the means by which you acquired it. You represent that you have all necessary rights and permissions to upload and process your Customer Data through our Services.
6.4 Data Portability. You may export your Customer Data at any time through the export features available in the Services. Upon termination, we will make your Customer Data available for export for a period of 90 days, after which it may be deleted.
7.1 AI-Generated Content. Our Services use artificial intelligence to generate responses to security questionnaire questions based on your uploaded knowledge base. AI-generated content is provided as a starting point and should be reviewed by qualified personnel before submission to third parties.
7.2 No Guarantee of Accuracy. While we strive to provide accurate and relevant AI-generated responses, we do not guarantee the accuracy, completeness, or suitability of any AI-generated content. You are responsible for reviewing and validating all AI-generated responses before use.
7.3 No Training on Customer Data. We do not use your Customer Data to train, improve, or develop our AI models or algorithms. Your data is processed solely for the purpose of providing the Services to you and remains isolated within your workspace.
7.4 Confidence Scores. AI-generated responses include confidence scores and source citations to help you assess the reliability of each response. Lower confidence scores indicate that additional human review may be warranted.
You agree not to use the Services to:
We reserve the right to suspend or terminate your access to the Services if we reasonably believe you have violated these acceptable use terms, after providing notice and a reasonable opportunity to cure where practicable.
9.1 Our Intellectual Property. The Services, including all software, algorithms, AI models, user interfaces, designs, trademarks, and documentation, are owned by TrustFill AI and are protected by intellectual property laws. Nothing in this Agreement grants you any right, title, or interest in our intellectual property except the limited right to use the Services as described herein.
9.2 Feedback. If you provide us with feedback, suggestions, or recommendations regarding the Services ("Feedback"), you grant us a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, modify, and incorporate such Feedback into our Services without obligation to you.
9.3 Aggregated Data. We may collect and use aggregated, anonymized, and de-identified data derived from your use of the Services for purposes such as improving the Services, conducting research, and generating industry benchmarks. Such data will not identify you or any individual.
Each party agrees to protect the confidential information of the other party using the same degree of care it uses to protect its own confidential information, but in no event less than reasonable care. "Confidential Information" means any non-public information disclosed by one party to the other that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information.
Confidential Information does not include information that: (a) is or becomes publicly available without breach of this Agreement; (b) was known to the receiving party prior to disclosure; (c) is independently developed by the receiving party without use of the disclosing party's Confidential Information; or (d) is rightfully received from a third party without restriction.
Your Customer Data is treated as your Confidential Information. Our pricing, technical specifications, and non-public product roadmap are treated as our Confidential Information.
Your use of the Services is subject to our Privacy Policy, which describes how we collect, use, and disclose personal information. By using the Services, you acknowledge that you have read and understood our Privacy Policy.
To the extent that we process personal data on your behalf as a data processor, such processing is governed by our Data Processing Addendum, which forms part of this Agreement.
We implement appropriate technical and organizational security measures to protect Customer Data in accordance with industry standards. For details about our security practices, please visit our Trust Profile.
12.1 Our Warranty. We warrant that the Services will perform materially in accordance with the applicable documentation during your subscription period. If the Services fail to meet this warranty, your sole remedy is for us to use commercially reasonable efforts to correct the non-conformity, or, if we are unable to do so, to terminate your subscription and provide a pro-rata refund of prepaid fees.
12.2 DISCLAIMER. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 12.1, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. AI-GENERATED CONTENT IS PROVIDED WITHOUT WARRANTY OF ACCURACY OR COMPLETENESS.
13.1 EXCLUSION OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13.2 CAP ON LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF EACH PARTY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE BY CUSTOMER TO TRUSTFILL AI DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
13.3 EXCEPTIONS. THE LIMITATIONS IN THIS SECTION DO NOT APPLY TO: (A) EITHER PARTY'S INDEMNIFICATION OBLIGATIONS; (B) EITHER PARTY'S BREACH OF CONFIDENTIALITY OBLIGATIONS; (C) CUSTOMER'S PAYMENT OBLIGATIONS; OR (D) LIABILITY ARISING FROM A PARTY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
14.1 By TrustFill AI. We will defend, indemnify, and hold you harmless from and against any third-party claims alleging that your authorized use of the Services infringes a third party's intellectual property rights, and we will pay any damages finally awarded or settlement amounts approved by us.
14.2 By Customer. You will defend, indemnify, and hold TrustFill AI harmless from and against any third-party claims arising from: (a) your Customer Data; (b) your use of the Services in violation of this Agreement; or (c) your violation of applicable law.
14.3 Procedure. The indemnified party must promptly notify the indemnifying party of any claim, provide reasonable cooperation, and allow the indemnifying party to control the defense and settlement of the claim.
15.1 Term. This Agreement commences when you first access or use the Services and continues until terminated in accordance with this section.
15.2 Termination for Convenience. Either party may terminate this Agreement at any time by providing written notice. If you terminate, your subscription will remain active until the end of your current billing period. No refunds will be provided for the remaining portion of a billing period.
15.3 Termination for Cause. Either party may terminate this Agreement immediately upon written notice if the other party: (a) materially breaches this Agreement and fails to cure the breach within 30 days of receiving notice; or (b) becomes insolvent, files for bankruptcy, or ceases to operate in the ordinary course of business.
15.4 Effect of Termination. Upon termination: (a) your right to access the Services will cease; (b) you must pay any outstanding fees; (c) we will make your Customer Data available for export for 90 days; and (d) Sections 6.1, 9, 10, 12.2, 13, 14, 16, and 17 will survive termination.
16.1 Informal Resolution. Before initiating any formal dispute resolution process, you agree to first contact us at [email protected] and attempt to resolve the dispute informally for at least 30 days.
16.2 Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to this Agreement that cannot be resolved informally shall be resolved by binding arbitration administered by JAMS under its Comprehensive Arbitration Rules. The arbitration will be conducted in the English language and held in San Francisco, California, or remotely as agreed by the parties.
16.3 Class Action Waiver. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If this class action waiver is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
16.4 Opt-Out. You may opt out of the arbitration provision by sending written notice to [email protected] within 30 days of first agreeing to these terms. The notice must include your name, email address, and a clear statement that you wish to opt out.
16.5 Exceptions. Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights or breach of confidentiality obligations.
17.1 Governing Law. This Agreement is governed by the laws of the State of Delaware, without regard to its conflict of laws principles.
17.2 Entire Agreement. This Agreement, together with the Privacy Policy and any applicable order forms, constitutes the entire agreement between you and TrustFill AI regarding the Services and supersedes all prior agreements and understandings.
17.3 Severability. If any provision of this Agreement is found to be unenforceable, the remaining provisions will continue in full force and effect.
17.4 Waiver. The failure of either party to enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.
17.5 Assignment. You may not assign or transfer this Agreement without our prior written consent. We may assign this Agreement in connection with a merger, acquisition, or sale of all or substantially all of our assets.
17.6 Force Majeure. Neither party will be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including natural disasters, acts of government, pandemics, or internet service disruptions.
17.7 Notices. All notices under this Agreement must be in writing and sent to the email address associated with your account or to [email protected].
17.8 Export Compliance. You agree to comply with all applicable export control laws and regulations in connection with your use of the Services.
If you have questions about these Terms of Service, please contact us: